Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

Case 1:04-cv-00415-SLR

Document 76

Filed 03/03/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC A. CHAMBERS, Plaintiff, v. JOHN DOES 1-7, DONALD J. BOWMAN, JR., CITY OF WILMINGTON DELAWARE, DELAWARE S.P.C.A., and SGT. ELLIOTT, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-415 SLR

DEFENDANTS JOHN DOES 1-5, DONALD J. BOWMAN, JR., CITY OF WILMINGTON DELAWARE, AND SGT. ELLIOTT'S MOTION TO EXTEND THE TIME PERIOD FOR FILING A REPLY BRIEF Defendants City of Wilmington, Donald Bowman, Jr., Steven Elliott, and John Does 1-5 (hereinafter "City Defendants"), by and through undersigned counsel, hereby moves this Honorable Court to extend the time period in which to file a Reply Brief in the above captioned matter. In support of their Motion, City Defendants offer the following: 1) In accordance with the Court's Scheduling Order of September 28, 2005, City

Defendants filed their Motion for Summary Judgment along with Opening Brief in Support of their Motion on January 19, 2006. 2) The Court's Scheduling Order indicated that Plaintiff's Answering Brief was to be

filed by February 21, 2006. 3) Plaintiff's Answering Brief, which is dated February 22, 2006, was not received by

the City Defendants until February 28, 2006.

Case 1:04-cv-00415-SLR

Document 76

Filed 03/03/2006

Page 2 of 2

4) 5)

The Court's Scheduling Order indicates that the Reply Brief is due March 7, 2006. Given the fact that Plaintiff's Answering Brief was not received by City Defendants

until February 28, 2006, the City Defendants are respectfully requesting an extension until March 15, 2006 to file their Reply Brief. 6) Given the fact that Plaintiff is incarcerated at a correctional facility in White Deer,

Pennsylvania, Defendants are unable to contact Plaintiff in a timely manner to ascertain his position on Defendants' request for an extension. WHEREFORE, Defendants respectfully request that this Honorable Court extend the time period in which to file a responsive pleading to Plaintiff's Complaint.

/s/ Rosamaria Tassone Rosamaria Tassone (I.D. #3546) Assistant City Solicitor Louis J. Redding City/County Bldg. 800 N. French St., 9th Flr. Wilmington, DE 19801 Attorney for Defendants City of Wilmington, Donald Bowman, Jr., Steven Elliott, and John Does 1-5

Dated: March 3, 2006